How to register a company in China as a foreign company

EXCERPT:

Many regions in China now offer online filing services. Foreign companies can submit application materials through the local government’s online business service platform, such as the E-window Platform in Beijing,Shanghai.


Preparation Before Registration

  • Determine Company Details
    • Company Name: The name should comply with the naming rules and should not be the same as or similar to existing company names. It generally consists of “region + trade name + industry + enterprise type”, like “Shanghai XX International Trade Co., Ltd.”.
    • Registered Capital: Although the registered capital of foreign-funded companies has been changed to the subscription system and does not require a capital verification report, it is recommended to set an appropriate amount according to the actual business needs.
    • Business Scope: The business scope must be clearly defined, and the company’s business activities in the future should not exceed this scope.
    • Registered Address: The registered address needs to be a commercial office address. It is required to provide a lease contract, invoice, copy of the property ownership certificate, etc.
  • Prepare Registration Documents
    • Certificate of Legal Incorporation of Foreign Company: Provide a copy of the legal opening certificate of the foreign company and a copy of the passport of the company’s legal representative.
    • Credit Certificate: Original credit certificate issued by the bank where the foreign company has an account, valid within three months.
    • Power of Attorney and Recommendation Letter: Originals and translated copies of the “Power of Attorney” for the chairman and the “Recommendation Letter” for managers.
    • List of Directors, Managers and Copies of Their IDs: Copies of ID cards or passports, resumes, and photos of directors, managers and legal representatives.

Registration Process

  • Name Approval: Submit the selected company name to the local market supervision and administration department for approval.
  • Submit Application Materials
    • Online Submission: Many regions in China now offer online filing services. Foreign companies can submit application materials through the local government’s online business service platform, such as the E-window Platform in Beijing.
    • Materials Submission: The main materials include the Application for the Registration of Foreign-invested Enterprises, contracts, articles of association, approval documents and certificates from the examination and approval authority, investor qualification certificates, credit certificates, etc.
  • Approval and License Issuance
    • Approval: The market supervision and administration department will review the application materials. If the materials are complete and in line with the regulations, the application will be approved.
    • License Collection: After the approval, the legal representative or the handling person can go to the market supervision and administration department to collect the business license with the Notification of Approval of Establishment and the original ID card.

Subsequent Procedures

  • Seal Engraving: Engrave the company’s official seal, financial seal, contract seal, legal representative seal, invoice seal, etc. at the seal engraving point designated by the public security bureau.
  • Bank Account Opening: Go to the bank to open a basic bank account for the company.
  • Tax Registration: Go to the tax authority to handle tax registration and determine tax types, tax rates and other matters.
  • Other Registrations: If the company’s business involves customs, foreign exchange and other aspects, it is also necessary to handle the registration procedures of the customs, foreign exchange management and other departments

|Catogary:Chinese law |corporate law |Trading and investment